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(영문) 서울서부지방법원 2015.11.24 2015가단230986
임대차보증금
Text

1. The defendant shall deliver each real estate listed in the separate sheet from the plaintiff to the plaintiff at the same time at KRW 2,00,000.

Reasons

Comprehensively taking account of the purport of the entire arguments as indicated in the evidence Nos. 3 and 4, the Plaintiff entered into a lease agreement with the Defendant on October 6, 2013, stipulating that each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as indicated in the separate sheet shall be KRW 50,000,000, monthly rent of KRW 4,000,000, and the period from October 16, 2013 to October 15, 2014 (hereinafter “instant lease agreement”) and paid the lease deposit to the Defendant on October 7, 2013, and the Plaintiff entered into a renewal agreement with the Defendant to extend the lease agreement by April 15, 2015 on the same condition as the instant lease agreement was concluded, and the Plaintiff returned the lease deposit by no later than May 15, 2015.

Meanwhile, the Plaintiff, while having been a person who did not deliver each of the instant real estate, sought simultaneous performance by himself, and at the same time deducted that the monthly rent in arrears as of the date of the closing of the instant argument, remains at KRW 2,00,000.

According to the above facts, the Defendant is obliged to refund the remaining lease deposit after deducting unjust enrichment equivalent to the rent calculated at the rate of KRW 4,00,000 per month from November 30, 2015 to the completion date of delivery of each of the above real estate, as the Plaintiff seeks, from KRW 2,00,000 to KRW 4,00,00,00 as the Plaintiff seeks.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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